10 U.S.C. § 15104 — Opportunities for consideration for promotion

submitted 3 years ago by Pub. L. 118-31 to r/title-10-ARMED-FORCES · 319 words · no verdicts yet

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When a Secretary designates a competitive category, they must state how many times officers get considered for promotion to each grade. The Secretary can change that number every five years at most; the Secretary of Defense can change it anytime. No grade can get more than five chances. If a cut removes a chance an officer already had, that officer gets one extra chance to make up for it.

(a) Specification of number of opportunities for consideration for promotion: When a military department Secretary names a competitive category under section 15101, that Secretary must say how many times officers in the category get considered for promotion to each grade above first lieutenant or lieutenant (junior grade). (b) Limited authority of Secretary of military department to modify number of opportunities: A military department Secretary may change that number for a particular grade, but no more often than once every five years. (c) Discretionary authority of Secretary of Defense to modify number of opportunities: The Secretary of Defense can change that number for a particular grade whenever the Secretary of Defense decides to. (d) Limitation on number of opportunities specified: No grade may be given more than five opportunities for promotion consideration. (e) Effect of certain reduction in number of opportunities specified: If cutting the number of opportunities would take away a chance an officer already had before the cut, that officer gets one extra chance for consideration after the cut.

the actual law source: uscode.house.gov ↗public domain

(a)Specification of Number of Opportunities for Consideration for Promotion.—

In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.

(b)Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—

The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.

(c)Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—

The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.

(d)Limitation on Number of Opportunities Specified.—

The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.

(e)Effect of Certain Reduction in Number of Opportunities Specified.—

If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

Source credit: (Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 246.)

history & why it existsrecord from the source credit

2023Enacted · Pub. L. 118-31 · 137 Stat. 246

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.

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